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Bankruptcy.Blog

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  • The Rise of Aggressive Collection by the Treasury Department

    The Department of Education is officially initiating the student loan transfer to Treasury collections. As the SAVE plan ends, learn how the OBBBA and the new 30-year repayment terms impact your financial survival. Prof. Hernandez breaks down the Treasury’s “hired muscle” tactics.

  • The Foreclosure Surge. How Tenants Can Stay in the Property

    As foreclosures rise 20%, tenants face a dilemma: who gets the rent? Prof. Hernandez explains your legal rights and how to handle the assignment of rents.

  • Sinking in Car Debt? How the Chapter 13 Cramdown Rescues You From Long-Term Car Loans

    Bankruptcy Attorney & Law Professor Hernandez analyzes the 100-month car loan debt trap and how the Chapter 13 cramdown can reduce negative equity to fair market value.

  • The Forever Car Loan: Why Stretching Your Term is a Financial Trap

    Prof. Hernandez analyzes why 100-month car loans are a financial trap. Discover the “Double Sting” of reaffirmation agreements and how bankruptcy provides a clean exit

  • Personal Injury Settlements: Chapter 7 vs. Chapter 13 Bankruptcy

    Prof. Hernandez explains how personal injury settlements are treated in Chapter 7 liquidation vs. Chapter 13 reorganization, including the Liquidation Test.

  • How Personal Injury Settlements Move Through a Bankruptcy Case

    Learn how the process of a PI settlement moves through a bankruptcy case and why the Trustee oversees every step. Understand what the bankruptcy Trustee requires and how the process affects your claim

  • Protecting Your Recovery: Personal Injury Settlements and the Bankruptcy Estate

    Can you keep your personal injury settlement in bankruptcy? Prof. Hernandez analyzes 11 U.S.C. § 522(d)(11)(D), state exemptions, and strategic alternatives to filing.

  • The AI Economy and the Looming “Dot-Com” Reckoning

    Prof. Hernandez analyzes the AI profitability paradox, the “Dot-Com” reckoning, and why the death of the tax base threatens the future of the middle class.

  • Does Bankruptcy Stop Eviction? The Pre vs. Post-Judgment Rule

    Bankruptcy Attorney & Law Professor explains when bankruptcy stops eviction, how the pre‑ vs. post‑judgment rule works, and when landlords can still proceed.

  • The Tenant in the Middle: What Happens When Your Landlord Files Bankruptcy?

    If your landlord files for bankruptcy, your lease doesn’t just disappear. Prof. Hernandez explains “accidental landlords,” escrow shock, and how Section 365(h) protects tenant rights during a filing.

  • Luxury Expenses in Bankruptcy. Like Golf?

    Liam’s bankruptcy case raises issues about golf expenses and unsecured debts during his filing.

  • Strategic Debt Relief: How Personal Loans Can Help

    Personal loans can relieve debt, improve credit, and settle creditor lawsuits, despite credit challenges.

  • Understanding Non-Dischargeable Debts: Why Bankruptcy Isn’t a “Get Out of Jail Free” Card

    Can criminal fraud debt be discharged? Professor Alexander Hernandez, J.D., explains Section 523(a) and non-dischargeable debt using the G-Herbo case example.

  • The Adversary Process and the Fall of Rudy Giuliani’s Chapter 11 Bankruptcy

    Professor Alexander Hernandez, J.D., analyzes Rudy Giuliani’s Chapter 11 dismissal and the adversary process behind the $148M defamation judgment.

  • Facing a Credit Card Lawsuit? A Law Professor’s Guide to the Process

    When sued, know response due date. Sending a letter to judge is not a proper legal response.

  • The Confusion with Mortgage Liens and Bankruptcy

    Confused by how Chapter 7 or 13 affects your home? A bankruptcy professor explains why mortgage liens survive discharge and how to avoid costly foreclosure traps.

  • Decoding Chapter 7: Exemptions, Means Testing, and the Disposable Income Trap

    Chapter 7 bankruptcy involves liquidation, exemptions, means testing, and disposable income for debtors.

  • Quick Guide to the Basics: Liquidation, Exemptions, and The Means Test

    The blog explores Chapter 7 and Chapter 13 bankruptcies, focusing on exemptions and means testing.

  • Understanding Trustee Scrutiny in Bankruptcy

    Luxury expenses can jeopardize bankruptcy cases due to trustee scrutiny and disclosure requirements.

  • Welcome to Bankruptcy.blog: Navigating Your Path to Financial Relief

    Learn about Chapter 7 and 13 bankruptcy from Professor Alex Hernandez, author of “Consumer Bankruptcy Law” (Routledge). Get expert insights on student loans, mortgages, and filing resources for debtors and paralegals.